Watkins

Action in unlawful detainer. The defendants filed three notices of appeal. The first (filed July 19, 1922) is an appeal from an order sustaining a demurrer to the second amended answer of the defendants. The second (filed August 1, 1922) is an appeal from the judgment entered July 20, 1922, and from an order made July 26, 1922, denying a motion cf defendants to set aside their default and to vacate the judgment. The third (filed August 23, 1922) is an appeal from an order made on the ninth day of August, 1922, recalling and setting aside an order inadvertently entered on August 8, 1922, and restoring to full force and effect an order of August 5, 1922, and directing that an alias writ of restitution issue forthwith.

We will first consider the appeal from the judgment. On the second day of October, 1920, the plaintiff Henry Watkins entered into a written contract of lease with the defendant Dorothy A. McCartney, renting the demised premises to Mrs. McCartney at a monthly rental of thirty-five dollars per month, “until a bona fide sale is made, sixty days’ notice.” Thereafter the plaintiff attempted to terminate the lease by means of a notice (of less than sixty days) to the lessee…